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U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit holds that an ERISA plaintiff who alleges a violation of the duty of prudence based on underperformance relative to other plans must show his proposed comparator is meaningfully similar in its objectives

May 22, 2025

Opinion

U.S. Chamber files amicus brief urging Ninth Circuit to reaffirm that an ERISA fiduciary has discretion and flexibility to adopt customized investment strategies tailored to the needs of plan participants

June 14, 2023

Click here to view the brief.

Jaime A. Santos and Jordan Bock of Goodwin Procter LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

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